BID DOCUMENT - IDCO

BID DOCUMENT - IDCO BID DOCUMENT - IDCO

12.07.2014 Views

amounting to the whole of his security deposit, the liability of the Contractors for past and future compensation/penalty shall remain unaffected. POWERS TO TAKE POSSESSION OF OR REQUIRE REMOVAL OF OR SELL CONTRACTOR’S PLANTS : In the event of the authorized officer of the Corporation putting in force the powers vested in him under the preceding clause he may, if he so desires, take possession of all or any tools, plants, materials and stores, in or upon the works, or the site thereof or belonging to the Contractor, or produced by him and intended to be used for the execution of the work or any part thereof, paying or allowing for the same in the account at the contract rates, or in case of these not being applicable, at current market rates to be certified by the officer authorized by the Corporation whose certificate thereof shall be final otherwise the Corporation may by notice in writing to the Contractor or his clerk for the works, foreman or other authorized agent require him to remove such tools plant, materials or stores from the premises (within) a time to be specified in such notice), and in the event of the Contractor failing to comply with any such requisition, the Corporation may remove them at the Contractor’s expense or sell them by auction or private sale on account of the Contractor and at his risk in all respects, and the certificate of the authorized officer of the Corporation as to the expense of any such removal and the amount of the proceeds and expense of any such sale shall be final and conclusive against the Contractor. CLAUSE - V: EXTENSION OF TIME: If the Contractor shall desire an extension of the time for completion of the work on the ground of his having been unavoidably hindered in its execution or any other ground, he shall apply in writing to the Corporation within 30 days of the date of the hindrance on account of which he desires such extension as aforesaid and the Corporation shall, if in its opinion (which shall be final) reasonable grounds be shown therefore, authorize such extension of time, if any, as may in its opinion, be necessary or proper. The Corporation shall at the same time inform the Contractor whether it claims compensation for delay and recover the same as a penalty for delay. No price escalation will be allowed in the event of extension of time granted on genuine grounds. CLAUSE - V I: FINAL CERTIFICATE: On completion of the work, the Contractor shall be furnished with a certificate by the Corporation of such completion, but not such certificate be given not shall the work considered to be completed until the Contractor shall have removed from the area of the premises (to be distinctly marked by the Corporation in the site plan) on which the work shall be executed, all scaffolding, surplus materials and rubbish, and cleaned off the dirt from all woodwork, doors, windows, walls, floors or other parts of any structure, in upon or about which the work is to be executed or of which he may have had possession for the purpose of the execution thereof nor until the work shall have been measured by the authorized officer of Orissa Industrial Infrastructure Development Corporation in accordance with the rules of the department whose measurements shall be binding and conclusive against the Contractor. If the Contractors shall fail to comply with the requirements of this clause as to removal of scaffolding, surplus materials and rubbish, and cleaning off dirt on or before the date fixed for the completion of the work, the authorized officer of the Corporation may at the expense of the Contractor remove such scaffoldings, surplus materials and rubbish, and dispose of the same as he thinks fit and clean off such dirt as aforesaid, and the 59

Contractor shall forthwith pay the amount of all expenses incurred and shall have no claim in respect and such scaffolding or surplus materials as aforesaid except for any sum actually realized by the sale thereof. CLAUSE - VII: PAYMENT ON INTERMEDIATE CERTIFICATE TO BE REGARDED AS ADVANCE AND BILL TO BE SUBMITTED MONTHLY: A bill shall be submitted by the Contractor each moth or before the date fixed by the Corporation for all works executed in the previous month and the authorized officer of the Corporation or his subordinate shall take the requisite measurement for the purpose of having the same verified and the claim as far as admissible, adjusted if possible, before the expiry of ten days from the presentation of the bill. If the Contractor does not submit the bill within the time fixed as aforesaid, the authorized officer of the Corporation or his subordinate shall measure up the said work in the presence of the Contractor whose counter signature to the measurement list shall be sufficient warrant and the authorized officer of the Corporation or his subordinate shall prepare a bill from such list which shall be binding on the Contractor in all respects. Provided that, if any balance of the 7% (seven percent) security is outstanding from each such payment shall be deducted so much, not exceeding 5% as may be necessary to make up the balance of the security. All such intermediate payments to the Contractor shall be regarded as payments by way of advance against the final payment only and not as payments for work actually done and completed and shall not preclude the requiring of bad, unsound and imperfect or unskilled work to be removed and taken away and reconstructed or re-erected, or be considered as an admission of the due performance of the contract, or any part thereof in any respect, or the accrual of any claim nor shall it conclude, determine or effect in any way the powers of the corporation under these conditions or any of them as to the final settlement or adjustment of the accounts or otherwise, or in any other way vary or affect the contract. Payment to the contractor will be made in a regular basis subjected to availability of funds from client. CLAUSE - VIII: The final bill shall be prepared by the officer of the Orissa Industrial Infrastructure Development Corporation in accordance with the rules of the Corporation in the presence of the Contractor within three month of the date of completion. CLAUSE - IX: STORES SUPPLIED BY CORPORATION : Deleted CLAUSE - X: WORKS TO BE EXECUTED IN ACCORDANCE WITH SPECIFICATION, DRAWING AND ORDERS ETC.: The Contractor shall execute the whole and every of the work in the most substantial and workman like manner, and both as regards materials and otherwise in every respect in strict accordance with the specification. The Contractor shall also conform exactly, fully and faithfully to the designs drawing and instructions in writing relating to the work signed by the authorized officer of the Corporation lodged in his office, and to which the Contractor shall be entitled to have access at such office, for the purpose of inspection during office hours and the Contractor shall, if he so require, be entitled at his own expenses to make or cause to be made copies of the specifications, and of all such designs, drawings and instructions as aforesaid. 60

Contractor shall forthwith pay the amount of all expenses incurred and shall have no claim in respect and such<br />

scaffolding or surplus materials as aforesaid except for any sum actually realized by the sale thereof.<br />

CLAUSE - VII:<br />

PAYMENT ON INTERMEDIATE CERTIFICATE TO BE REGARDED AS ADVANCE AND BILL<br />

TO BE SUBMITTED MONTHLY:<br />

A bill shall be submitted by the Contractor each moth or before the date fixed by the Corporation for all works<br />

executed in the previous month and the authorized officer of the Corporation or his subordinate shall take the<br />

requisite measurement for the purpose of having the same verified and the claim as far as admissible, adjusted if<br />

possible, before the expiry of ten days from the presentation of the bill. If the Contractor does not submit the bill<br />

within the time fixed as aforesaid, the authorized officer of the Corporation or his subordinate shall measure up the<br />

said work in the presence of the Contractor whose counter signature to the measurement list shall be sufficient<br />

warrant and the authorized officer of the Corporation or his subordinate shall prepare a bill from such list which shall<br />

be binding on the Contractor in all respects.<br />

Provided that, if any balance of the 7% (seven percent) security is outstanding from each such payment shall be<br />

deducted so much, not exceeding 5% as may be necessary to make up the balance of the security. All such<br />

intermediate payments to the Contractor shall be regarded as payments by way of advance against the final<br />

payment only and not as payments for work actually done and completed and shall not preclude the requiring of<br />

bad, unsound and imperfect or unskilled work to be removed and taken away and reconstructed or re-erected, or be<br />

considered as an admission of the due performance of the contract, or any part thereof in any respect, or the<br />

accrual of any claim nor shall it conclude, determine or effect in any way the powers of the corporation under these<br />

conditions or any of them as to the final settlement or adjustment of the accounts or otherwise, or in any other way<br />

vary or affect the contract.<br />

Payment to the contractor will be made in a regular basis subjected to availability of funds from client.<br />

CLAUSE - VIII:<br />

The final bill shall be prepared by the officer of the Orissa Industrial Infrastructure Development Corporation in<br />

accordance with the rules of the Corporation in the presence of the Contractor within three month of the date of<br />

completion.<br />

CLAUSE - IX:<br />

STORES SUPPLIED BY CORPORATION :<br />

Deleted<br />

CLAUSE - X:<br />

WORKS TO BE EXECUTED IN ACCORDANCE WITH SPECIFICATION, DRAWING AND ORDERS ETC.:<br />

The Contractor shall execute the whole and every of the work in the most substantial and workman like manner,<br />

and both as regards materials and otherwise in every respect in strict accordance with the specification. The<br />

Contractor shall also conform exactly, fully and faithfully to the designs drawing and instructions in writing relating to<br />

the work signed by the authorized officer of the Corporation lodged in his office, and to which the Contractor shall<br />

be entitled to have access at such office, for the purpose of inspection during office hours and the Contractor shall,<br />

if he so require, be entitled at his own expenses to make or cause to be made copies of the specifications, and of all<br />

such designs, drawings and instructions as aforesaid.<br />

60

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